The People of the State of New York, Appellant,
v.
Ronald Onofre, Respondent.
The People of the State of New York, Respondent,
v.
Conde J. Peoples, III, and Philip S. Goss, Appellants.
The People of the State of New York, Respondent,
v.
Mary Sweat, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 8, 1980.
Decided December 18, 1980.
Attorney(s) appearing for the Case
Richard A. Hennessy, Jr., District Attorney (Gail N. Uebelhoer and John A. Cirando of counsel), for appellant in the first above-entitled action.
Bonnie Strunk for respondent in the first above-entitled action.
Bruce V. Bordelon, Shepherd I. Raimi and Jo-Ann H. Whitehorn for The Special Committee on Sex and Law of the Association of the Bar of the City of New York, amicus curiae, in the first above-entitled action.
Barbara Ellen Handschu for National Committee for Sexual Civil Liberties, amicus curiae in the first above-entitled action.
Thomas B. Stoddard and Steven R. Shapiro for New York Civil Liberties Union, amicus curiae in the first above-entitled action.
Margot Karle and Rosalyn H. Richter for Lambda Legal Defense & Education Fund, Inc., amicus curiae in the first above-entitled action.
William H. Gardner and Dianne Bennett for appellants in the second and third above-entitled actions.
Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent in the second and third above-entitled actions.
Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge JASEN concurs in result in a separate opinion; Judge GABRIELLI dissents and votes to affirm in another opinion in which Chief Judge COOKE concurs.
Court of Appeals of the State of New York.
JONES, J.
These appeals, argued together, present a common question — viz., whether the provision of our State's Penal Law that makes consensual sodomy a crime is violative of rights protected by the United States Constitution. We hold that it is.
Defendant Onofre was convicted in County Court of Onondaga County of violating section 130.38 of the Penal Law (consensual sodomy) after his admission...
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